ME: Municipalities Mull Marijuana Act

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Waterboro Even as the Maine Legislature begins on Tuesday examination of a bill that would delay most aspects of the newly approved recreational marijuana law until February, 2018, Waterboro selectmen will soon mull whether to ban retail pot establishments altogether.

While statewide the recreational marijuana referendum was approved by voters Nov. 8, those casting ballots in Waterboro felt differently. Town Administrator Gary Lamb said the referendum failed in Waterboro 55 percent to 44 percent.

I see little or no benefit to the community to allow retail marijuana stores, social smoking clubs, cultivation, manufacturing or testing businesses in Waterboro at this time, Lamb said.

At this point, Lambs proposal is just that. Selectmen however, are expected to discuss the pros and cons of beginning the lengthy process of developing an ordinance that would ban retail establishments when they meet Jan. 24.

As municipal officials statewide grapple with how to approach some aspects of the new state law, on Tuesday the Legislatures Joint Standing Committee on Veterans and Legal Affairs will hold a public hearing on L.D. 88, an act to delay certain portions of the Marijuana Legalization Act. The bill, submitted by Ellsworth Democrat Rep. Louis Luchini on Wednesday, would delay most aspects of the bill except for those that pertain to possession of up to 2 1/2 ounces of marijuana and possession, cultivation and transport of a specific number of plants for use at a private residence. It would clarify that possession of marijuana by a juvenile is a crime, unless theyre authorized to possess it for medical use. Luchinis proposal would prohibit possession of edible marijuana products, prohibit establishment of retail shops or clubs and other provisions of the act until February 2018.

Luchini did not respond to a telephone message seeking comment on his bill on Friday.

Sen. Justin Chenette, D-Saco, who said he recently learned hes poised to be the Senate Democrats representative on the newly minted Joint Select Committee on Marijuana, expressed some reservations about Luchinis bill.

"The Legislature already has nine months to develop a regulatory framework for marijuana-related business licenses, said Chenette. Waiting until February of next year isn’t necessary and will actually put individuals age 21 and over in a difficult place of being legally able to possess small amounts of marijuana, but can’t legally buy it. This will create a public safety issue and confusion in the marketplace."

Chenette also questioned the speed at which a public hearing was scheduled.

"It also concerns me that the two-week public notice requirement was waived to rush this bill through the process without proper public input. This bill needs to be vetted along with the 30 plus other marijuana-related bills introduced by legislators this session, he said.

Chenette is a digital advertising executive for the Journal Tribune.

As the Legislature begins its work on Luchinis bill and others municipalities are examining how theyll handle the new law.

Some have enacted moratoriums while they work out details, while others are taking a different approach.

Selectmen in Kennebunk will mull the merits of a moratorium on Feb. 28 after having held a public hearing on the matter last week.

In Biddeford, the City Council in early January approved a six-month moratorium on retail marijuana stores, facilities and social clubs.

In Sanford, the City Councils zoning committee began to examine the issue this week, said Councilor Robert Stackpole.

All are in agreement to proceed slowly and methodically as to what the impact of the law will be on our community, and how we want to shape that impact in terms of a positive social image for Sanford, said Stackpole.

Speaking only for himself, Stackpole said hes interested in the possibilities of a local tax provision or a portion of the 10 percent tax the state will collect returned to the municipalities to be used for youth and substance abuse education.

In Waterboro, although he sees no benefit to allowing marijuana businessesin town, Lamb told selectmen Tuesday that he doesnt favor a marijuana moratorium, because it would expire before the states rulemaking on the marijuana act is complete.

Selectmen’s board Chairman Dennis Abbott said he believes there would be support on the board for prohibiting retail marijuana establishments and social clubs through an ordinance.

" I dont see any advantage to the town of having a retail operation other than some tax revenue but I dont know how big that would be, said Abbott.

He said the board would discuss the matter Jan. 24 to give staff a direction on whether the town should begin crafting an ordinance to prohibit retail marijuana establishments. If an advantage to the act presents itself, the ordinance could always be pulled back, Abbott said.

The ordinance process is a lengthy one and would begin by tasking Southern Maine Planning and Development Corporation, the towns contracted planner, to craft an ordinance to present to the Planning Board, which would discuss the issue and hold a public hearing. Then the matter then would go to the selectmens board, which would hold its own hearing, before voting whether to approve it.

News Moderator: Katelyn Baker
Full Article: Municipalities Mull Marijuana Act
Author: Tammy Wells
Contact: (207) 282-1535
Photo Credit: Glen Stubbe
Website: Journal Tribune